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Kimball R. Anderson, Esq. (pro hac vice pending) kanderson@winston.com Howard I. Shin, Esq. (pro hac vice pending) hshin@winston.com WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, Illinois 60601 Telephone: 312-558-5600 Facsimile: 312-558-5700 James J. Pisanelli, Esq., Bar No. 4027 JJP@pisanellibice.com Christopher R. Miltenberger, Esq., Bar No. 10153 CRM@pisanellibice.com Eric T. Aldrian, Esq., Bar No. 11897 ETA@pisanellibice.com PISANELLI BICE PLLC 3883 Howard Hughes Parkway, Suite 800 Las Vegas, Nevada 89169 Telephone: 702-214-2100 Facsimile: 702-214-2101 Attorneys for Plaintiff Shuffle Master, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CASE NO:

SHUFFLE MASTER, INC., a Minnesota corporation, Plaintiff,

19 v. 20 21 22 Defendant. 23 24 25 26 27 28 -1TCS JOHN HUXLEY AMERICA INC., a Nevada corporation,

COMPLAINT OF SHUFFLE MASTER, INC.

Plaintiff Shuffle Master, Inc., for its complaint for patent infringement against TCS John Huxley America Inc. alleges as follows:

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THE PARTIES Plaintiff Shuffle Master, Inc. (“Shuffle Master”) is a corporation organized and

existing under the laws of the State of Minnesota, having a principal place of business at 1106 Palms Airport Drive, Las Vegas, Nevada 89119. 2. Defendant TCS John Huxley America Inc. is a corporation organized under the

laws of the State of Nevada, having a principal place of business at 6171 McLeod Drive, Suites H-M, Las Vegas, NV 89120. TCS John Huxley America Inc. operates in the State of Nevada under the trade name TCS John Huxley (“TCS”). JURISDICTION AND VENUE This is an action for patent infringement under the Patent Act of 1952, as

amended, 35 U.S.C. §§ 1 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 4. This Court has in personam jurisdiction over TCS because it does business

within the United States and committed the Infringement Acts and related acts set forth below giving rise to this action within the United States in Clark County, Nevada. 5. 1400(b). THE ASSERTED PATENTS United States Patent No. 6,254,096 (“the ’096 Patent”), titled “Device and Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and (c) and

Method for Continuously Shuffling Cards,” was duly and legally issued on July 3, 2001. Shuffle Master is the owner by assignment of the entire right, title and interest in the ’096 Patent, and holds the right to sue and recover for past, present, and future infringement. A copy of the ’096 Patent is attached as Exhibit A. 7. United States Patent No. 6,588,751 (“the ’751 Patent”), titled “Device and

Method for Continuously Shuffling and Monitoring Cards,” was duly and legally issued on July 8, 2003. Shuffle Master is the owner by assignment of the entire right, title and interest

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in the ’751 Patent, and holds the right to sue and recover for past, present, and future infringement. A copy of the ’751 Patent is attached as Exhibit B. 8. United States Patent No. 7,059,602 (“the ’602 Patent”), titled “Card Shuffler

with Staging Area for Collecting Groups of Cards,” was duly and legally issued on June 13, 2006. Shuffle Master is the owner by assignment of the entire right, title and interest in the ’602 Patent, and holds the right to sue and recover for past, present, and future infringement. A copy of the ’602 Patent is attached as Exhibit C. 9. United States Patent No. 7,073,791 (“the ’791 Patent”), titled “Hand Forming

Shuffler with on Demand Hand Delivery,” was duly and legally issued on July 11, 2006. Shuffle Master is the owner by assignment of the entire right, title and interest in the ’791 Patent, and holds the right to sue and recover for past, present, and future infringement. A copy of the ’791 Patent is attached as Exhibit D. 10. The ’096 Patent, ’751 Patent, ’602 Patent, and ’791 Patent are referred to

collectively as the “Asserted Patents.” FACTUAL BACKGROUND 11. Shuffle Master is a global gaming supplier based in Clark County, Nevada that

on its own and through subsidiaries located throughout the world manufactures, sells, and leases gaming products including automatic card shufflers, proprietary table games, electronic table games, video slot machines (not for sale in North America), deck verification devices, card delivery dispensers, and roulette chip sorters. Shuffle Master also offers casino

equipment repair and maintenance services. Shuffle Master is a NASDAQ-listed public company. 12. Shuffle Master was founded in 1983 for the purpose of making an automatic

card shuffler. Shuffle Master’s card shufflers significantly reduce the opportunity for card manipulation by dealers, resulting in increased security. By allowing cards to be shuffled continuously or in frequent batches, Shuffle Master’s shufflers reduce or eliminate card counting and shuffle tracking. Because Shuffle Master’s shufflers shuffle one or more decks -3-

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while a game is being played, down-time related to dealer shuffling is also significantly reduced, with the potential for a corresponding increase in playing time and win for the casino. 13. Shuffle Master currently markets a complete range of card shufflers, including

single deck, batch, and continuous shufflers. Single deck shufflers that deliver randomized hands of cards such as the i-Deal shuffler are generally used on Shuffle Master proprietary table games such as Three Card Poker and Ultimate Texas Hold’em games. Shuffle Master offers a single deck/double deck batch shuffler, the Deck Mate, for use on live stakes poker tables and single or double deck blackjack games. For multiple deck “shoe” games such as blackjack, blackjack variants, baccarat, and Casino War, Shuffle Master offers the one2six family of continuous shufflers. For casinos that prefer to shuffle “shoe” games in a batch shuffler, Shuffle Master offers the MD2 and MD3 shufflers with card recognition. Shuffled batches of cards may then be delivered to secure card reading i-Shoe and i-Shoe Auto shoes. 14. Shuffle Master and Shuffle Master’s subsidiaries are the owner of patents

worldwide, including the Asserted Patents (owned solely by Shuffle Master), that embody the card shuffler technology found in Shuffle Master products. 15. On information and belief, TCS and various entities with whom TCS is related

to (i.e. other companies that are parent companies of TCS or subsidiaries of those parent companies) market gaming equipment worldwide (including the United States), including an automatic card shuffler known as the A Plus Shuffler (hereinafter “Accused Product”), which is manufactured in Taiwan. According to a TCS marketing document “[t]he new A Plus Shuffler from TCS JOHNHUXLEY is the most versatile 1-6 deck shuffle machine on the market.” (“TCS marketing document” [attached hereto as Ex. E] at 1.) 16. In October 2011, TCS displayed and operated the Accused Product in the

United States during the annual Global Gaming Expo (“G2E”) at a private product showing outside of the G2E exhibition hall at The Palms Casino Resort in Clark County, Nevada. On information and belief the Accused Product was displayed and operated to promote the sale of -4-

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the product to potential customers. The activities of this Paragraph are referred to herein as the “Infringement Acts.” During the Infringement Acts, the Accused Product was put in service and made operational. A photograph of this event from TCS’s website is attached hereto as Ex. F. 17. On information and belief, an employee of TCS from Miami, Florida operated

an Accused Product on or about July 2012 in Puerto Rico as part of an offer to sell the Accused Product. 18. Throughout 2012, Shuffle Master has informed Cath Burns, the President of

TCS and other persons associated with TCS or TCS’s parent company, that the Accused Product infringes Shuffle Master’s patents. Shuffle Master has repeatedly asked TCS to cease and desist from infringing Shuffle Master’s patents. 19. Notwithstanding Shuffle Master’s requests that TCS stop infringing Shuffle

Master’s patents, TCS has registered for an exhibition booth at the 2012 G2E in Clark County, Nevada beginning on or about October 2, 2012. On information and belief, TCS intends to display and operate the Accused Product at the 2012 G2E in Clark County, Nevada. Shuffle Master believes and fears that TCS will display and use the infringing Accused Product at the 2012 G2E to promote the sale of the infringing product to potential customers. COUNT – INFRINGEMENT OF THE ASSERTED PATENTS 20. Paragraphs 1 through 19 of the Complaint set forth above are incorporated

herein by reference. 21. TCS infringed the Asserted Patents by using and offering to sell within the

United States and, upon information and belief, importing into the United States, Accused Products that embody the claims of the Asserted Patents, in violation of 35 U.S.C. § 271. 22. TCS’s acts of infringement of the Asserted Patents specified herein have

caused damage to Shuffle Master. Under 35 U.S.C. § 284, Shuffle Master is entitled to

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recover from TCS damages sustained by Shuffle Master as a result of TCS’s infringement of the Asserted Patents. 23. Under 35 U.S.C. § 283 and Rule 65 of the Federal Rules of Civil Procedure,

Shuffle Master is entitled to a temporary restraining order, preliminary injunction and/or permanent injunctive relief against Defendant’s importation, sale, offer to sell and use of the Accused Product to mitigate the irreparable harm that has been caused and continues to be caused by TCS’s actions of patent infringement. 24. On information and belief, the acts of infringement by Defendant TCS

specified herein with respect to the Asserted Patents have been willful and deliberate and entitle Shuffle Master to increased damages under 35 U.S.C. § 284 and attorneys fees and costs under 35 U.S.C. § 285. Defendant displayed and operated the Accused Product despite an objectively high likelihood that its actions would constitute infringement of the Asserted Patents.

PRAYER FOR RELIEF WHEREFORE, Shuffle Master prays for judgment against Defendant that includes the following findings and relief: (a) That Defendant has infringed one or more claims of the Asserted Patents under

35 U.S.C. § 271. (b) That Defendant and its affiliates, subsidiaries, directors, officers, employees,

attorneys, agents and all persons acting in concert or on behalf of Defendant be preliminarily and permanently enjoined from further acts of infringement of the Asserted Patents; (c) That Defendant be required to pay damages to Shuffle Master adequate to

compensate Shuffle Master for Defendant’s past and future infringement, including interest, costs and disbursements as the Court may deem appropriate under 35 U.S.C. § 284;

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(d)

That Defendant’s infringement was willful and deliberate, entitling Shuffle

Master to increased damages under 35 USC § 284; (e) That this case is an exceptional case and that Shuffle Master is entitled to its

attorneys’ fees under 35 U.S.C. § 285; (f) (g) That Shuffle Master is entitled to its costs under 28 U.S.C. § 1920; and That Shuffle Master be awarded such other relief at law and in equity as the

Court may deem just and proper. DEMAND FOR A JURY TRIAL In accordance with Rule 38 of the Federal Rules of Civil Procedure, Shuffle Master demands a jury trial of all issues triable to a jury in this action. DATED: September 14, 2012 Respectfully submitted, By:_____/s/ James J. Pisanelli _______ Kimball R. Anderson, Esq. (pro hac vice pending) kanderson@winston.com Howard I. Shin, Esq. (pro hac vice pending) hshin@winston.com WINSTON & STRAWN LLP 35 West Wacker Drive Chicago, IL, 60601 Telephone: (312) 558-5600 Facsimile: (312) 558-5700 James J. Pisanelli, Esq., Bar No. 4027 JJP@pisanellibice.com Christopher R. Miltenberger, Esq., Bar No. 10153 CRM@pisanellibice.com Eric T. Aldrian, Esq., Bar No. 11897 ETA@pisanellibice.com PISANELLI BICE PLLC 3883 Howard Hughes Parkway, Suite 800 Las Vegas, Nevada 89169 Telephone: (702) 214-2100 Facsimile: (702) 214-2101 Attorneys for Plaintiff Shuffle Master, Inc.

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